taken to the cleaners a while back...

24

Comments

  • Len86
    Len86 Posts: 17 Forumite
    What's log book fraud?

    in order to sell a car to someone you must have a log book or consent from the owner. If not the only other way would be to apply for a new logbook in the absence of the owner with fraudulent details such as "I am the new owner" and selling it on. It used to be a thing years ago and I'm sure they had dubbed it logbook fraud.
  • Len86
    Len86 Posts: 17 Forumite
    Car_54 wrote: »
    What's contract fraud?

    not quite sure if you guys are just taking the mickey now to be honest.
  • Warwick_Hunt
    Warwick_Hunt Posts: 1,179 Forumite
    Len86 wrote: »
    not sure where to start so here goes nothing. A few years ago I purchased a vehicle online from a trader, it was a used but very low mileage one owner car. The trader offered to have it shipped to me instead of me coming down and viewing the car to which I agreed. It arrived a few weeks later well past midnight in the freezing cold, I took a quick look around and it seemed OK at first glance.

    Once I sorted out the insurance in the morning I got in and immediately realised many things wrong with it. Flat tyre, handbrake was jammed, idled rough, damp in the footwell, etc etc. Once I got it moving, odd sounds where coming from the rear differential area, it pulled heavily to one side, aircon was faulty - nothing was right with it.

    I got on the phone to the trader who assured me it passed an MOT with flying colours and none of this had shown however because he was such a nice fella he agreed to have the car collected and shipped back to him and repaired and returned FREE of charge. This is in writing, so no misunderstanding there (still got copies.)

    A few weeks later I get a phone call telling me the vehicle was checked and nothing was found, and for that reason, I better pay him for the transport to and from and also the cost of inspection somewhere in the region of £1000??? I told him he must be having a laugh and to have it looked at again as I wasn't going to pay him a dime (not to mention, as per agreement, in writing.) He gets back to me two weeks later telling me it has been checked out again and a few faults found (irrelevant to the original faults) and that they where all sorted now BUT (and here is where it gets interesting) I must still cough up the £1000 for the all of this plus storage costs for every day I don't pay up. Knowing now I was dealing with a cowboy I threatened with legal action for which I received a menacing letter from his solicitors which went on for over a month.... backwards and forwards.

    Now, between the time of actual purchase and to this point I think a good three months had pasted, and not long after, family troubles forced me to end up having to leave and go abroad for almost two years. I kept in touch via email with his (even more cowboy) solicitors but this ended up going nowhere.

    Now that I'm back, where do I stand on this exactly? Can I still pursue this in small claims court? It is still within the 5 years.

    The solicitors claim he has sold the vehicle to recover his false costs. If so, is this not fraud? (logbook fraud?)

    Where do I stand?

    Where was the vehicle during this time?
  • Warwick_Hunt
    Warwick_Hunt Posts: 1,179 Forumite
    Len86 wrote: »
    in order to sell a car to someone you must have a log book or consent from the owner. If not the only other way would be to apply for a new logbook in the absence of the owner with fraudulent details such as "I am the new owner" and selling it on. It used to be a thing years ago and I'm sure they had dubbed it logbook fraud.

    What section of the fraud act is log book fraud?
  • Len86
    Len86 Posts: 17 Forumite
    maddogb wrote: »
    articles/can-a-dealer-keep-the-customers-car

    thanks for that, reading through it it seems that it favours me more then anything. As no T&C was mentioned, nor implied. Also, in writing, the garage offered to pay for EVERYTHING free of charge which is the agreement full stop.

    If this is the case, what is the next step? small claims?
  • Len86
    Len86 Posts: 17 Forumite
    What section of the fraud act is log book fraud?

    let me just take out my law degree..... one moment please.
  • Len86
    Len86 Posts: 17 Forumite
    Where was the vehicle during this time?

    Still with the trader, or as his solicitors claim, sold on.
  • Warwick_Hunt
    Warwick_Hunt Posts: 1,179 Forumite
    Len86 wrote: »
    Still with the trader, or as his solicitors claim, sold on.

    So you expected him to store the car for two years?
  • Len86
    Len86 Posts: 17 Forumite
    So you expected him to store the car for two years?

    he lied and took the vehicle back under false pretense, with an agreement in place to repair the car at his expense - he is not innocent in this. simple as. He no longer can claim that he had the right to charge me storage or sell the car on. You are missing the point clearly. And if he has sold the car then he would have applied for a logbook fraudulently.
  • Warwick_Hunt
    Warwick_Hunt Posts: 1,179 Forumite
    Len86 wrote: »
    he lied and took the vehicle back under false pretense, with an agreement in place to repair the car at his expense - he is not innocent in this. simple as. He no longer can claim that he had the right to charge me storage or sell the car on. You are missing the point clearly. And if he has sold the car then he would have applied for a logbook fraudulently.

    So you expected the car to be stored for two years then.
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